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Rules and Legislative Update

For at least the second time, there is a bill in the legislature (House Bill Number 5136) to permit a divorced spouse to continue to be eligible for coverage under the other spouse’s health plan instead of requiring the spouse to obtain separate individual heath insurance coverage, usually through COBRA. Massachusetts has a law which allows this. The insurance industry has not taken a formal stand on the bill but large employers are against it. The large employers who testified at the public hearing on the bill, indicated that they assume 10% of their employees will divorce each year and have factored the saving caused by divorce into the cost of providing insurance for their employees. One major Connecticut employer indicated it would cost it over $150,000 if the bill was passed. If the bill is defeated this year, it will probably be reintroduced in the future. If the bill is passed, it would be a significant cost savings for couples who get divorced. We will keep you advised of the progress of the bill.

Effective July 1, 2003, the Court rules provide that the financial affidavits filed with the Court will be under seal and will be disclosable only to Court personnel, the parties, and their attorneys, except as ordered by the Court and when any hearing is held at which financial issues are in dispute. In general, our clients were astonished that their financial affidavits were public records and like the change.

The Child Support Guidelines are being revised again. There is talk of major changes. We will post the new guides when they are adopted.

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